PEOPLE v. DAVIS


142 A.D.2d 791 (1988)

The People of the State of New York, Respondent, v. Leonard C. Davis, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 14, 1988


Yesawich, Jr., J.

Charged with murder in the second degree for the stabbing death of his cousin, defendant stands convicted of manslaughter in the first degree. Defendant's principal challenge to the propriety of his conviction rests on County Court's refusal to comply with defendant's request to charge the jury on manslaughter in the second degree as a lesser included offense. Since it is well established that second degree manslaughter is a lesser included...

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